This form is a sample order dismissing plaintiff's cause of action without prejudice.
South Carolina Personal Injury - Order Dismissing Cause Without Prejudice
State:
Multi-State
Control #:
US-PI-0295
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Word;
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FAQ
After the plaintiff in an action tried by the court without a jury has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to ...
(j) Case Stricken From Docket by Agreement. A party moving to restore a case stricken from the docket shall provide all parties notice of the motion to restore at least 10 days before it is heard. Upon being restored, the case shall be placed on the General Docket and proceed from that date as provided in this rule.
A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.
Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later.
The basic meaning of 'without prejudice' is that statements made in the settlement of an existing dispute cannot be relied upon as evidence against the interests of the relevant party if negotiations fail and the parties then have to formally engage in a dispute resolution procedure.
A court may allow a plaintiff to voluntarily withdraw from the suit through a Rule 41(a) dismissal without prejudice if the plaintiff would suffer hardship from continuing the suit. Also, under Rule 37(b)(2), a court may dismiss without prejudice to sanction a party acting in bad faith.
A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.
Voluntary Dismissal A prosecutor or plaintiff may decide that pursuing a matter in court is not the best course of action. In this case, the judge can dismiss the case with or without prejudice, even though the prosecutor or plaintiff voluntarily asks to drop the case.